Legal and Regulatory Structures

NO

ASPECTS

DESCRIPTION

1.

Legal and Regulatory Framework

National Public Private Partnerships Policy and Guidelines (29 November 2008) <http://www.infrastructureaustralia.gov.au/public_private/>

2.

Involved Government Agencies

The Treasury (Commonwealth)

The Treasury (NSW)

Department of Treasury and Finance (VIC)

Queensland Treasury and Trade

Department of Treasury (WA)

Department of Treasury and Finance (SA)

Infrastructure NSW Department of Treasury and Finance (TAS)

Chief Minister and Treasury Directorate (ACT)

Department of Treasury and Finance (NT)

Department of Infrastructure and Regional Development (Commonwealth)

Department of Planning and Infrastructure (NSW)

Department of Planning, Transport and Local Infrastructure (VIC)

Commonwealth, State and Territory Departments of Infrastructure

State and Territory Planning Departments

Infrastructure Australia

Infrastructure NSW

3.

Supporting Agencies

Infrastructure Financing Unit (NSW Treasury)

Major Projects Victoria (VIC)

Partnerships Victoria (VIC)

Shareholder Policy and Markets Branch (Department of Treasury and Finance, Tasmania)

4.

Available Sectors

Transportation

Water

Health

Education

Law and Order

5.

Eligible Tender Participants / Project Initiator

Open, transparent tender process led by government

Unsolicited Proposal Guidelines (see for example, NSW and Victoria)

For private sector initiatives, guidance includes

- Availability payment models

- Previously, in the roads sector, demand risk transfer models

6.

Types of PPP Structures/ Contract Types

BOOT (Build, Own, Operate, Transfer)

7.

Types of Project

Generally, projects are initiated by governments at the state level

8.

Project Stages and Implementation for Solicited Proposals

Project Development Phase

Expressions of Interest Phase

Request for Proposal Phase

Negotiation and Completion Phase

Contract Management

See National Public Private Partnership Guidelines Overview, December 2008, p.20)

9.

Project Stages and Implementation for Unsolicited Proposals

Initial Submission and Strategic Assessment

Detailed Proposal

Negotiation of Final Binding Offer

See NSW Government, Unsolicited Proposals Guideline, August 2012, p.12

10.

Mechanisms to Engage Private Sector at Project Development Stages

Private Sector engagement will usually occur before the release of invitations for Expressions of Interest (EOI)

Interface will assist government in ensuring a common understanding of project requirements

Encouraging market interest and participation

Private sector can assist in refining project specifics to ensure optimal outcome delivery

Issues for discussion include

- Scope of the project

- Project timelines

- Project-specific issues and requirements

- Market interest and capability

See National Public Private Partnership Guidelines Volume 2 Practitioner's Guide, December 2008, p.10

11.

Project Appraisal and Selection Process

Projects selected from land use and sector specific planning processes

PPP occurs as part of procurement options process on a value for money assessment process

See National Public Private Partnership Guidelines Volume 1 , December 2008